J. Mac Safety Systems Limited v QDeck Safety Systems Limited [2025] EWHC 2241 (Pat)
This was a trial of a claim primarily for infringement of UK Unregistered Design Right infringement in relation to safety equipment. The trial (in the Shorter Trial Scheme) took place in October 2023. Judgment was given in September 2025, for which the Court apologised. An earlier claim of Registered Design Right infringement was discontinued shortly before trial upon evidence of the Claimant’s prior disclosure being uncovered. A reverse passing off claim of short duration was admitted at trial. Of some note was the Court’s acceptance of the Defendant’s argument that the CJEU test on copyright applied to UK Unregistered design right subsistence. In addition, the Court was required to interpret the ‘made available for sale or hire’ date in s. 216(1)(b) CDPA. The only infringement claim which succeeded was the unregistered design right claim introduced by amendment shortly before trial, in relation to the edge of one of the safety boards. The remaining claims were dismissed as not having been relevantly copied, or that the alleged design was not a design. It was determined that all of the designs were found to be in the licence of right period when the acts of infringement took place.
Jacqueline Reid appeared for the Defendant, instructed by Virtuoso Legal.